Making marriage harder

A St Valentine’s Day wish to take the law out of romance.

There is nothing wrong with wedding ceremonies, for those who want to do that sort of thing. Ceremonies could be religious or non-religious, and be between mixed-sex or same-sex couples. Indeed, one could have ceremonies involving anyone who was up for a bit of fun.

Nor is there anything wrong with wedding receptions. The key to a successful wedding reception is that the total value of the gifts on the wedding list should exceed the cost of the reception. And for romantics, the wedding reception is a perfect opportunity to meet others with a similar affliction in a comfortable and non-threatening environment.

But there is no need for weddings to have any legal consequences. Many who undergo weddings, for the best of reasons, do not seem to realise the dire legal effects of their actions. For a wedding means that a marriage contract has been entered into.

Every first-year law student used to know that marriage is a form of contract. Indeed, the celebrated case of Bardell v Pickwick reminds us that a legal action could once be brought for breach of a promise to enter such a contract.

Usually with such onerous contracts, both parties should have separate legal advice. I do not mean advice for a prenuptial agreement; I mean legal advice for both parties on entering the nuptial agreement itself.

A commercial transaction of comparable value -- say a share acquisition or a disposal of assets -- would normally be accompanied by lawyerly advice: seeking contractual protections, guarantees, and amounts in escrow. Various adverse outcomes would be discussed with harsh and open realism, and the parties would allocate risks and rights of termination accordingly. And once both parties were properly advised, and had mutually agreed the legal outcomes of various unhappy scenarios, then there would be a cooling-off period of 12 months before the agreement had legal effect.

Indeed, the world would be a far happier place if marriage was harder and divorce easier. There would be far fewer divorce lawyers if there were more marriage lawyers, just as companies that are realistic and well-advised when they negotiate a contract tend not to get bogged down subsequently in messy litigation.

Couples who really want to entrap themselves in a legal relationship, as well as having a marriage ceremony and a nice reception, should be allowed to do so. After all, it does take all sorts.

But one suspects that if the parties were forced to consider the legal consequences of their marriage, fewer would get married. However, those marriages which then did take place would tend to endure happily ever after.

And there's a romantic thought.

 

David Allen Green is legal correspondent of the New Statesman. 

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Commons Confidential: What happened at Tom Watson's birthday party?

Finances, fair and foul – and why Keir Starmer is doing the time warp.

Keir Starmer’s comrades mutter that a London seat is an albatross around the neck of the ambitious shadow Brexit secretary. He has a decent political CV: he was named after Labour’s first MP, Keir Hardie; he has a working-class background; he was the legal champion of the McLibel Two; he had a stint as director of public prosecutions. The knighthood is trickier, which is presumably why he rarely uses the title.

The consensus is that Labour will seek a leader from the north or the Midlands when Islington’s Jeremy Corbyn jumps or is pushed under a bus. Starmer, a highly rated frontbencher, is phlegmatic as he navigates the treacherous Brexit waters. “I keep hoping we wake up and it’s January 2016,” he told a Westminster gathering, “and we can have another run. Don’t we all?” Perhaps not everybody. Labour Remoaners grumble that Corbyn and particularly John McDonnell sound increasingly Brexitastic.

To Tom Watson’s 50th birthday bash at the Rivoli Ballroom in south London, an intact 1950s barrel-vaulted hall generous with the velvet. Ed Balls choreographed the “Gangnam Style” moves, and the Brockley venue hadn’t welcomed so many politicos since Tony Blair’s final Clause IV rally 22 years ago. Corbyn was uninvited, as the boogying deputy leader put the “party” back into the Labour Party. The thirsty guests slurped the free bar, repaying Watson for 30 years of failing to buy a drink.

One of Westminster’s dining rooms was booked for a “Decent Chaps Lunch” by Labour’s Warley warrior, John Spellar. In another room, the Tory peer David Willetts hosted a Christmas reception on behalf of the National Centre for Universities and Business. In mid-January. That’s either very tardy or very, very early.

The Labour Party’s general secretary, Iain McNicol, is a financial maestro, having cleared the £25m debt that the party inherited from the Blair-Brown era. Now I hear that he has squirrelled away a £6m war chest as insurance against Theresa May gambling on an early election. Wisely, the party isn’t relying on Momentum’s fractious footsloggers.

The word in Strangers’ Bar is that the Welsh MP Stephen Kinnock held his own £200-a-head fundraiser in London. Either the financial future of the Aberavon Labour Party is assured, or he fancies a tilt at the top job.

Dry January helped me recall a Labour frontbencher explaining why he never goes into the Commons chamber after a skinful: “I was sitting alongside a colleague clearly refreshed by a liquid lunch. He intervened and made a perfectly sensible point without slurring. Unfortunately, he stood up 20 minutes later and repeated the same point, word for word.”

Kevin Maguire is the associate editor (politics) of the Daily Mirror

Kevin Maguire is Associate Editor (Politics) on the Daily Mirror and author of our Commons Confidential column on the high politics and low life in Westminster. An award-winning journalist, he is in frequent demand on television and radio and co-authored a book on great parliamentary scandals. He was formerly Chief Reporter on the Guardian and Labour Correspondent on the Daily Telegraph.

This article first appeared in the 19 January 2016 issue of the New Statesman, The Trump era